Lakhan Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.63418 of 2018 (2) dt.29-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63418 of 2018 Arising Out of PS.Case No. -306 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Lakhan Paswan S/o Langaru Paswan Resident of Village- Balthar,P.S. Barachatti,Distt.-Gaya .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Excise Case No. 306/2018, registered for the offences punishable under Sections 2(e), 3, 5(b) and 18 of the Bihar Mahua Flower Act.

Allegation is recovery of 3.5 litres of wine made of Mahua and 40 Kgms of Mahua Flowers from a field adjacent to the house of the petitioner.

It has been submitted that petitioner has falsely been implicated in this case. Recovery was made from the open field not from the house of petitioner. He is a labourer. Petitioner has no criminal antecedent. He is in custody since 24.08.2018.

Patna High Court Cr.Misc. No.63418 of 2018 (2) dt.29-10-2018 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise, Gaya in connection with Excise Case No. 306/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T